Misuse of “Gender Biased Laws”

Introduction

I

ndia has a great history and heritage to boast about. A major part of this has been expatiated upon the position of the women; though, the status has often been vacillating. Initially daughters of Vedic era were nurtured with love and affection but the innumerable invasions obliterated the culture. In India family has always been prime importance marriage being an important social institution since Vedic period. It was regarded as the alliance between body and soul of two people (husband and wife).There was a considerable downfall in the socio-cultural and legal status of women. In the modern era few attempts to curb the barbaric attitude were made, but the initiative was not welcomed. Though, 62 years down the row, tables have turned. Sexual Discrimination has become despicable and punishable. The reforms have been possible only because of the legal initiatives. Various legislations and laws passed in the recent years have been instrumental in strengthening the position of women in society. Not only provisions favorable to women were incorporated in the Constitution when it was framed but various legislations like Dowry prohibition Act, 1961, The Equal Remuneration Act, 1986, The Hindu Marriage Act, 1956, The Hindu Succession Act, 1956, The Muslim Women (Protection of Rights on Divorce) Act, 1986, the commission of Sati (prevention) Act, 1987, Protection of the Women from Domestic Violence Act, 2005 have been introduced from time to time as required. Separate sections have been incorporated in the Indian Penal Code, which deal with the offences committed against women. Though, such attempts have often been condemned and criticized as being gender biased and violative to the right to equality; but, the truth is that even such specious arguments cannot justify why daily newspapers are coloured with articles on crimes committed against women, or why every another day dignity and integrity of a woman is sacrificed to meet an insatiable demand of the patriarchal society. Had the laws already implemented been executed in their letter and spirit, India would have been a different place to live in. Thus, it is much evident that the need of the hour is the stricter execution not the abolition of gender biased laws.

With the passage of time the traditional concept of marriage has greatly changed and Hindu marriage is considered to be of dual nature i.e. of both religious sacrament and contract, where mutual consent and benefit of both the parties are duly aided by different legal provisions and reform and time to time there are various changes made in the laws with an attempts to bring about changes in the status of women but all this can achieve little success without a simultaneous movement to stop the misuse of the laws by the women’s.

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